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Trucking Company Liability for a Driver's Negligence

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About The Author

Steven J. Gordon

Houston, TX

Practice Areas: Trucking Accident

Other Articles by the Author

Driving acommercial truck is a considerable responsibility. While large truck accidentsaccounted for only 3% of all injury crashes in 2007, they were responsible for 8% of all accident-relatedfatalities. If you, or a loved one, have recently suffered a personalinjury or wrongful death as the result of a truck accident, it is important tocontact a truck accident attorney to determine if you have a case and if thetruck company is liable for your injuries.

According toa common-law doctrine referred to as respondeatsuperior, the trucking company can be held liable in a truck accident ifthey neglected to enforce or follow federal trucking regulations. There are many types of trucking companynegligence that can lead to a life-altering truck accident.

Truck Driver Schedules

An importantregulation that trucking companies must follow pertains to the driver schedule.A trucking company cannot schedule a delivery that requires the driver totravel above the speed limit or go beyond his or her maximum driving time.Failure to adhere to this regulation shows liability in a truck accidentlawsuit. Truck drivers must keep detailed log books of the miles traveled andtime spent driving. If you are involvedin a truck accident, your personal injury lawyer can use these log books asevidence in your case.

Truck Vehicle Maintenance

Beforebeginning a delivery, both the truck driver and trucking company have aresponsibility to ensure that the truck is maintained properly and in goodworking order. The vehicle’s brakes, lights, tires, horn, windshield wipers,and other parts must be inspected and used when necessary.

Truck Cargo

In order toavoid liability in a truck accident, the driver and trucking company mustensure that the vehicle’s cargo is secured and the weight is distributedproperly. Unsecured cargo may roll offthe truck and cause an accident for vehicles traveling beside or behind thetruck. Prior to departure, the truck driver should make sure the cargo doesnot obscure his or her view or interfere with the truck’s movement.

Truck Driver Employment

Truckingcompanies also have a responsibility to hire safe and qualified truck drivers.The company must ensure that the truck driver’s commercial license has not beenrevoked, suspended, or canceled. The driver must complete all specializedtraining needed to drive a commercial vehicle and may also be subject toalcohol and drug screenings.

After a Trucking Accident

After a trucking accident, it is important to hire an experienced truck accident attorney as soon as the possible. A skilled personal injury attorney can review the facts of your case to determine the company’s liability in a truck accident and defend your best interests in court.

If you, or a loved one, have sustained serious injuries in a truck accident ontact one of our experienced truck accident lawyers at Gordon Elias & Seely, L.L.P. to discuss your options.

The content of this article is provided for informational purposes only, and does not constitute legal advice. If you need help with a Truck Accident claims, consult an experienced trucking accident attoney from the law offices of Gordon Elias & Seely, L.L.P. by calling TOLL FREE: 800 - 773 - 6770 OR by filling out the Free Case Evaluation Form on this page.

The content of this website is provided for informational purposes only, and does not constitute legal advice. If you need help with a Truck Accident claim, consult an experienced trucking accident attorney from the law offices of Gordon Elias & Seely, L.L.P. by calling TOLL FREE: 800 - 773 - 6770 OR by filling out the Free Case Evaluation Form on this page.